On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 30/12/1999.
5.
—(1) Where, as a result of any occurrence —
(a)
any oil is discharged or escapes from a ship; or
(b)
there arises a relevant threat of contamination,
then, whether or not the owner of the ship in question incurs a liability under section 3 —
(i)
he shall not be liable otherwise than under that section for any damage or cost referred to in that section; and
(ii)
no person to whom this paragraph applies shall be liable for any such damage or cost unless it resulted from anything done or omitted to be done by him either with intent to cause any such damage or cost or recklessly and in the knowledge that any such damage or cost would probably result.
(2) Subsection (1)(ii) shall apply to —
(a)
any servant or agent of the owner of the ship;
(b)
any person not falling within paragraph (a) but employed or engaged in any capacity on board the ship or to perform any service for the ship;
(c)
any charterer of the ship (however described and including a bareboat charterer), and any manager or operator of the ship;
(d)
any person performing salvage operations with the consent of the owner of the ship or on the instructions of a competent public authority;
(e)
any person taking any of the measures referred to in section 3(1)(b) or (2)(a); and
(f)
(3) The liability of the owner of a ship under section 3 for any impairment of the environment shall be taken to be a liability only in respect of —
(a)
any resulting loss of profits; and
(b)
the cost of any reasonable measures of reinstatement actually taken or to be taken.